Official Languages Committee on May 4th, 2017

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

That's what Mr. Choquette was talking about a little earlier.

What should our government's priorities be with respect to access to justice in the next action plan for official languages?

[Ghislaine Saikaley]

A letter from the Canadian Bar Association to the Minister of Justice and the minister responsible for the action plan mentioned the importance of the linguistic abilities of judges. I would say that this is a major issue for all the regions.

Access to justice depends, among other things, on the bilingualism of judges. There is also the availability of these judges and the necessary support. This means courts that can work in both official languages.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Earlier, you said that it's important to have bilingual judges, but all the required staff must also have this same ability. Is the rate of the bilingualism of the staff measured?

[Ghislaine Saikaley]

We have not done any studies on the issue ourselves. We looked at judges only. However, we have heard that there are also problems with the staff. The entire court system should have access to the resources needed to support access to justice in both official languages.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

You are talking about the courts, but access to justice is more than courts. Border services, the RCMP and corrections are also part of the justice system. Have you looked at what should be done for access to justice in that sense?

[Ghislaine Saikaley]

We regularly investigate complaints about the Correctional Service of Canada or the Canada Border Services Agency, for example.

Two years ago, we audited the Canada Border Services Agency. We made a number of recommendations and we are about to follow up on them.

Our audit of the Canadian Air Transport Security Authority certainly deals with aspects of justice, but it goes beyond that.

As you said, there are also the police and the RCMP. So this is very broad.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Yes, it's very broad.

Let's look specifically at the case of Quebec, the people I represent, that is, in terms of access to justice in both official languages.

In the correctional centres in Quebec, is access to justice possible for the anglophone minority, men or women? Is it possible for that minority to make itself clearly understood?

[Ghislaine Saikaley]

There have to be a certain number of anglophones. You are talking about anglophones, aren't you?

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Yes.

The constituency of Rivière-des-Mille-Îles is located to the north of Montreal. We have people from the anglophone minority living there. I often tell them that I sit on the Standing Committee on Official Languages and that francophones outside Quebec are in the same situation as they themselves are in the constituency of Rivière-des-Mille-Îles. When I explain that to them, they understand that things can be difficult for francophones outside Quebec. But Quebec francophones see less of a difficulty. However, members of the anglophone community that I represent do experience that difficulty.

[Ghislaine Saikaley]

The federal penitentiaries in Quebec have obligations to the anglophone minority. If at least 5% of the prison population is anglophone, they are required to provide services in English to the inmates.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

How can we find out which detention centres have a prison population that is more than 5% anglophone, with resulting obligations to the anglophone minority?

[Ghislaine Saikaley]

Do you mean in Quebec?

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Yes, in Quebec.

[Ghislaine Saikaley]

We could certainly find that information for you.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

I would also be interested in having that information for detention centres outside Quebec. You have to look at the mirror image, actually; you always have to look at the situation from both sides. People in language minorities with whom we have discussions recognize that access to justice and access to health are difficult.

Are those figures available? Do you have them?

[Ghislaine Saikaley]

We can get them for you.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Okay, thank you.

That is all for me, Mr. Chair.

[The Chair, Liberal, Denis Paradis]

Thank you very much.

We continue with Bernard Généreux,

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Thank you, Mr. Chair.

I have three or four questions about access to justice.

In your opinion, what should the government's priorities be, in terms of access to justice, in the next official languages action plan? What should we focus on in the next action plan, the one for 2018-22?

[Ghislaine Saikaley]

Once again, access to justice largely depends on the appointment of bilingual judges. That seems to be a major issue for all the communities.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

You are not just talking about Supreme Court judges, are you?

[Ghislaine Saikaley]

I am talking about superior court judges in the regions. It is a huge issue. Trials can be delayed for several years because bilingual judges are not available. That is what I have heard. I don't know if Ms. Giguère has heard anything different.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

In your opinion, should that be the priority that we include in the next action plan?

[Ghislaine Saikaley]

I would say so.

Ms. Giguère, do you have any other ideas?

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

What do you think, Ms. Donaghy?